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Sunday, February 16, 2014

South Africa: COSATU divisions widen as nine unions call for Special Congress

Note: The nine South African Unions that are calling for a Special National Congress and the reinstatement of Zwelinzima Vavi are the National Union of Metalworkers of SA (Numsa), the SA
Football Players Union, the Public and Allied Workers Union of SA, the
Democratic Nurses Union of SA, the SA Municipal Workers Union, the Food and
Allied Workers Union, the SA Commercial and Catering Workers Union,
Communication Workers Union and the SA State and Allied Workers Union. Eds.

Statement from the Nine
COSATU Affiliates Campaigning for a Special National Congress and the
Reinstatement of Comrade Zwelinzima Vavi : 15 February 2014

The outcome of the
Special CEC of COSATU that was shunned by those affiliates who had
formally called for a Special National Congress has confirmed our worst
fears. The current leadership faction that currently controls the
boardroom manipulated the quorum, the agenda and the discussion to reach
outcomes that have nothing to do with protecting the rights of workers or their
organisations. It is clear that this faction is prepared to sacrifice
COSATU and turn it into a toothless giant in order to please its political
masters. We cannot and will not allow this to happen without
a determined struggle and we believe that we have the support of the majority
of COSATU workers.

The unions stayed away
from the Special CEC because they believed it was inappropriate to hold it when
a scheduled CEC was planned two weeks later. They were also deeply concerned
about the way CEC and other meetings and agendas are
manipulated at the last minute in order to limit discussion and to
bulldoze through decisions in a bureaucratic manner.

It should be stated from
the outset however, that the collective purpose of all nine unions, as outlined
at the press conference in February, is to revitalize and regenerate
a strong, independent and democratic COSATU, capable of defending
and improving the living standards of the working class and the poor.
This remains our principle aim despite the divisive misinformation coming
forth from COSATU House.

Refusing the Call for a
SNC : A Blatant Betrayal of the COSATU Constitution

The wholly legitimate
constitutional call for a Special National Conference has been denied. The
reasons given are that it cannot be financed, and that it will distract from
the ANC election campaign. The ruling faction of the current leadership have
now been fully exposed. They are prepared to ride roughshod over the most
important statute that governs COSATU, namely the COSATU
Constitution. If further evidence was needed of the paralysis of COSATU then
this is it.

The nine unions have
stated on several occasions that the cost of a Special National Congress is
entirely manageable if stripped of unnecessary regalia, and held in a modest
environment. The nine unions have even offered to assemble the resources
themselves to allow the Congress to take place, and are sure other affiliates
would contribute if given the opportunity to do so.

COSATU members are right
to ask why, if COSATU cannot afford a Special national Congress why it is
prepared to allocate millions for senior counsel and forensic
auditors to prosecute, demonise and attack Comrade Zwelinzima Vavi, considered
by millions of workers as the legitimate voice of the working class.

Our estimates so far are
that the cost of the forensic investigations and legal representation has cost
the federation around R10m! We cannot state accurately what the figure is,
because affiliates have not been told, and we demand that this figure be
made available to all affiliates as a matter of urgency at the upcoming
CEC.

To add that the SNC would
interrupt or hamper the ANC election campaign is verging on the ridiculous. A
paralysed, COSATU cannot play any meaningful role in the politics of our
country at this time and this is good news for the Ruling Class and their
allies.

A paralysed COSATU will
not advance a commitment for a second phase of a radical economic transformation.
It will not fight to change current inappropriate macro economic policies.
A paralysed COSATU will not fight for a new wage and incomes policy that will
end run away inequalities. It will not win the fight for a wall to
wall LEGALIZED centralized bargaining system. It will not fight for a
living wage and a 40 hour working week. A paralysed COSATU will not
reverse the neo-liberal agenda as enshrined in government
economic policies that have lead to e-tolling for example. It will not
hold leaders to account, and will certainly not ensure that workers interests
are prioritised and addressed. COSATU in its current state is incapable
of mobilising support, especially in our poorer communities.

Only a SNC will unite
COSATU, reinvigorate it, and provide a leadership that can robustly defend
workers interests. The current leadership faction is running away from an SNC
because they know that the vast majority of workers, including in their own
unions, want a militant, democratic and fighting COSATU, with a leadership
including Zwelinzima Vavi at the helm to fight for their
interests. For these reasons we will continue to campaign for a
Special National Congress and we will use all constitutional and legal means to
do so.

Demonising NUMSA and
Divide and Rule Tactics

Before, during and after
the Special CEC, attacks on NUMSA have been unrelenting and aimed at
destabilising one of COSATU’s most effective affiliates. The attacks on NUMSA
from COSATU House have been nothing less than shameful.

After the Special CEC
NUMSA are now being asked to give reasons why they should not be expelled or
suspended from COSATU. The same question could be posed to the faction
that is currently leading COSATU! The fact of the matter is that NUMSA, through
a profoundly democratic and worker controlled process have arrived
at certain political positions. NUMSA is fully aware that where
there are existing COSATU policies in conflict with their SNC resolutions it
will have to lobby and convince the rest of affiliates to adopt their
positions in an open and honest debate. This is a practice that
is as old as COSATU itself. Since when do we expel unions who take "wrong
decisions at their congresses" instead of engaging them? Every union that
truly practices the worker control principle has an alienable
right to meet, debate and take decisions as mandated by members. In debates
there are no holy cows as long as we have said the leadership understand they
have to lobby other unions to adopt their positions. This is a
fundamental right of all COSATU affiliates, who align themselves with a worker
control ethos. How could it be otherwise?

If the workers in a union
decide to elaborate or change existing policy, surely they cannot be restricted
because it might be different from an existing COSATU policy? How would a
COSATU policy ever change if this was outlawed? This is how COSATU became
a vibrant worker controlled federation nearly thirty years ago.
If COSATU is to regain its vibrancy, it must allow workers, through their
affiliates, to define and articulate policy, even if that policy embraces
radical alternatives.

The faction that
currently leads COSATU clearly believe that all affiliates, including NUMSA,
must be governed in a top down manner and not the other way round. This
is the model that has dismally failed in both capitalist and communist
countries throughout the Cold War period and after, with only a few notable
exceptions. The current leadership faction have quoted a policy, that was
agreed in the nineties to justify isolating, denigrating and possibly
expelling NUMSA. In a blatant and crude attempt to divide the group
of nine unions, they have also asked what the reaction of the other eight
unions is to NUMSA’s policy developments.

There are countless
examples, including from those who support the current leadership faction, to
show that affiliates inevitably go beyond existing COSATU policy when
circumstances demand it. We have assembled irrefutable evidence to show
this. One recent example is the decision of a group of unions to
affiliate to the WFTU. Affiliation to the WFTU was not COSATU policy when
NEHAWU, POPCRU, CEPPWAWU and NUMSA decided to affiliate to it. Why were
these unions not asked to motivate why they should not be expelled
for undermining COSATU policies?

NUMSA is also being
attacked for saying openly that they are reviewing their organizing
scope, because they are being approached by workers from a
broader spectrum seeking representation. The leadership faction is calling
this poaching, and accusing NUMSA of breaking existing policy that
has been in place for many years. The fact of the matter is that a very large
number of unions, if not all of them, have recruited members that are outside
of their original scope, and its not hard to work out why.

The shape and scale of
the South African economy has changed dramatically over the last twenty years.
Multinational companies have spread their exploitative supply chains across our
economy and they span different organizing sectors. Even the public sector has
changed over the last twenty years, and there has been a realignment of public
services at all levels.

What this means is that
there are very large overlaps in every sector, and is why COSATU
affiliates need to review their scope and find ways of organizing workers in
the most effective manner.

Instead of attacking
NUMSA why are the current leadership faction unable to look forwards, and think
about how to recruit the more than 70% of workers in our country who are not
organized by any union! That would be a progressive response. Victimising
affiliates is not.

What NUMSA is accused of
is what has become the practice in a majority of unions, and so why
are they being singled out? Because they have dared to challenge the leadership
faction.

Rather than seek to split
the federation, why have the current leadership faction not asked for a review
of these policies? The truth is that there is one approach
for their friends, and another approach for those they regard as
their enemies.

The attacks on NUMSA are
designed to isolate an affiliate that has questioned a number of fundamental
policies and entrench an unambiguous class orientation, and is prepared to
challenge the thinking of the ruling class. This is NUMSA’s crime. Even
where NUMSA have followed COSATU policy on electricity price hikes for example,
they are criticised by the current leadership.

NUMSA are being targeted
precisely because they are not prepared to kowtow to the current leadership
faction, or those within the leadership of Alliance structures that support
them.

Let it be said, loud and
clear, NUMSA have endorsed the position shared by all the nine COSATU
affiliates who remain wholly committed to building a democratic,
worker-controlled and independent COSATU. Those who are suggesting
otherwise are being devious and mischievous and are seeking to divide the
workers movement for their own factional ends.

We are more than ever
convinced that a Special National Congress is the only way to resolve the
current impasse, and that we have the support of the overwhelming number of
organised workers. How else can you explain the refusal of the current
leadership faction to call a Special National Congress.

AN INJURY TO ONE IS AN
INJURY TO ALL - A DISMISSAL OF ONE IS A DISMISSAL OF ALL has been our guiding
international worker slogan. We are not prepared to let this
motto die!

Comrade Zwelinzima Vavi
has been subjected to the worst campaign of slander, disinformation and unfair
practices and procedures endured by anyone in South Africa in recent times. Not
only has he been subjected to trial by media, there have been appalling
attacks on his integrity, his family, his comrades and friends, by those who
claim to be progressive and on the side of the working class.

The most recent example
is the refusal of the current leadership faction at the Special CEC to follow
the rules of natural justice, enshrined in our National Constitution, to
provide for his legal costs so that he can effectively defend himself against
the trumped up charges. The leadership faction on the other hand have
employed prestigious and expensive counsel, estimated at a cost of a minimum of
R30,000 per day to represent their interests at the upcoming disciplinary
procedure. This decision will not go unchallenged.

The completely
irresponsible manner in which the current leadership faction have manipulated
processes deserves special attention by all those who are committed to a strong
and democratic federation. Time frames have been extended, malicious leaks in
the media have been sanctioned and allowed to stand uncontested, access to
information has been denied, and the very basic requirements of natural justice
have been ignored.

Even the way in which the
most recent forensic report was presented by the current leadership faction was
manipulative and sought to give the impression that all of the misgivings that
had taken place were the responsibility of the General Secretary. In fact a
reading of the report in full when it is properly released will reveal
that other National Office Bearers of COSATU were responsible for the
administration and management of the organisation. Are
they not to be held to account?

Attacks on family
members of Comrade Zwelinzima have been shown to be at best minor
infringements, and at worst deliberate attempts to find anything on which to
hang a charge on him. The fact that the findings of the report were given
to the Special CEC and not to Comrade Zwelinzima is yet another example of
where due process has been chronically undermined. It is unlawful for
any forensic auditing firm to refuse the persons they have adverse
findings against a constitutionally guaranteed right to be heard.
Itis completely unethical and runs counter to professional standards to
present a final report that contains negative findings against anyone
without offering the affected persons a right to engage and/or
dispute those findings. If this happens, it is not an audit but
a witch-hunt and a denial of justice.

What this has confirmed
is that Comrade Zwelinzima is being attacked as part of a deeper undermining of
the federation, and that we now have to escalate our
activity to ensure that a SNC takes place in the near future, and
that we have a General Secretary that takes a mandate from the working class,
not those who try to undermine it.

Actions Speak Louder Than
Words

In the next few days, the
9 Affiliates will be releasing details of their Action Plan but we have already
noted that on March 17 and 18 Comrade Zweli will
be in court to challenge his suspension, and the shabby way
he has been treated.

We are calling for a
massive mobilization of support for Comrade Zweli and
to demand :

• Hands Off Comrade
Zweli ! Reinstate Him Now!

• Hands Off NUMSA! End
Victimisations! Say No to Divide and Rule!

• Special National Congress
Now! Rebuild COSATU to Defend the Working Class!